1-9-2023 BOC Regular Meeting Minutes

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In addition,CONTRACTOR shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act.Additionally,CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence/$2,000,000 aggregate---Bodily Injury Liability,and $100,000---Property Damage Liability,or $1,000,000 per occurrence/$2,000,000 aggregate---Combined Single Limit Bodily Injury and Property Damage CONTRACTOR,upon execution of this Contract, shall furnish to the COUNTY a Certificate of Insurance reflecting the minimum limits stated above.The Certificate shall provide for thirty(30)days advance written notice in the event of a decrease,termination or cancellation of coverage.Providing and maintaining adequate insurance coverage is a material obligation of the CONTRACTOR.All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies,and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR's liability and obligations under the Contract. 7.HEALTH AND SAFETY.CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing Services under this Contract. 8.NON-DISCRIMINATION IN EMPLOYMENT. CONTRACTOR shall not discriminate against any employee or applicant for employment because of age,sex,race, creed,national origin,or disability. CONTRACTOR shall take affirmative action to ensure that qualified applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex,race, creed, national origin,or disability. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any nondiscrimination provision of federal,state or local law or this provision,this Contract may be canceled, terminated or suspended in whole or in part by COUNTY,and CONTRACTOR may be declared ineligible for further COUNTY contracts. 9.GOVERNING LAW.This Contract shall be governed by and in accordance with the laws of the State of North Carolina.All actions relating in any way to this Contract shall be brought in the General Court of Justice in the County of Lee and the State of North Carolina. 10.TERMINATION OF CONTRACT. This Contract may be terminated,without cause,by COUNTY, upon thirty(30)days written notice to CONTRACTOR. This termination notice period shall begin upon receipt of the notice of termination. Such a termination does not bar either party from pursuing a claim for damages for breach of the contract. This Contract may be terminated, for cause,by the non-breaching party notifying the breaching party of a substantial failure to perform in accordance with the provisions of this Contract and if the failure is not corrected within ten(10)days of the receipt of the notification. Upon such termination,the parties shall be entitled to such additional rights and remedies as may be allowed by relevant law. Termination of this Contract,either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either party. 3